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Could my income from child support/maintenance be garnished when loosing a credit card lawsuit?

Asked over 2 years ago - Atlanta, GA

I am being sued by Discover Card. The debt is recent and apparently the account is still own by Discover but given to a lawyer/collection agency to collect the debt. I answer the summons basically denying knowledge or information sufficient to form a belief as to the allegations.

Most likely the Plaintiff will be able to come up with the required paperwork to prove the debt. My question is, in the case I loose the lawsuit, my only income is child support/maintenance. Could the judge order to garnish this income?
Am I be able to make affordable payent arrangements then?

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Angela Williams Seymour

Reputation Level 6

Answered about 2 years ago. Bankruptcy Attorney in Atlanta, GA.

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If the child support/maintenance goes into a bank account, I feel confident the income in that account would be subject to garnishment. Also, remember, judgments don't apply just to money. If/When a fifa issues, it will command the sheriff to cease assets from you. For example, if your car is paid for, the sheriff could take the car and sell it and apply the funds to the debt. The judgment is going to accrue interest. So, unless you can make payment arrangements, this judgment is only going to grow in it's amount.

If you are unable to make payment arrangements, I would strongly suggest that you consider filing bankruptcy. Bankruptcy does not carry the stigma that it once did. It is a way to take control of your financial life and address this issue with Discover Card (as well as other creditor you may have).

Angie Seymour
Attorney At Law
Atlanta Office 678-731-0880
Augusta Office 706-868-1968

Nothing in this posting may be deemed to create an attorney client relationship. If you wish to discuss the particulars of your case with one of our attorneys, please contact us to schedule a free consultation.

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